11.2.2019 A8-0069/ 001-029 AMDMTS 001-029 by the Committee on Civil Liberties, Justice and Home Affairs Report Dennis de Jong A8-0069/2019 Exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2021-2027 (Pericles IV programme) (COM(2018)0369 C8-0240/2018 2018/0194(COD)) 1 Recital 1 (1) The Union and the Member States have set themselves the objective of laying down the measures necessary for the use of the euro as a single currency. Those measures include protecting the euro against counterfeiting and related fraud, thus empowering the effectiveness of the Union s economy and securing the sustainability of public finances. (1) The Union and the Member States have set themselves the objective of laying down the measures necessary for the use of the euro as a single currency. Those measures include protecting the euro against counterfeiting and related fraud to ensure the effectiveness of the Union s economy and secure the sustainability of public finances. 2 Recital 3 (3) Actions with the aim of promoting exchanges of information and staff, technical and scientific assistance and (3) Actions with the aim of promoting exchanges of information and staff, technical and scientific assistance and PE635.325/ 1
specialised training help significantly to protect the Union s single currency against counterfeiting and related fraud and therefore to attain a high and equivalent level of protection across the Union, whilst demonstrating the Union s ability to tackle serious organised crime. specialised training help significantly to protect the Union s single currency against counterfeiting and related fraud and therefore to attain a high and equivalent level of protection across the Union, whilst demonstrating the Union s ability to tackle serious organised crime. Such actions also help addressing the common challenges and links with money laundering and organised crime. 3 Recital 4 (4) A programme for the protection of the euro against counterfeiting contributes to raising the awareness of Union citizens, improving the protection of the euro, especially through the constant dissemination of results of actions supported by that programme. (4) A programme for the protection of the euro against counterfeiting contributes to raising the awareness of Union citizens, increasing their confidence in that currency and improving the protection of the euro, especially through the constant dissemination of results of actions supported by that programme. 4 Recital 4 a (new) (4a) Sound protection of the euro against counterfeiting is a key component of a secure and competitive EU economy, and directly linked to the EU objective of improving the efficient functioning of the Economic and Monetary Union. 5 Recital 6 PE635.325/ 2
(6) In the Communication to the European Parliament and to the Council on the mid-term evaluation of the Pericles 2020 Programme, the Commission came to the conclusion that the continuation of the Pericles 2020 programme beyond 2020 should be supported, given its EU added value, its long-term impact and the sustainability of its actions. (6) Contrary to standard procedure, a separate impact assessment of the Programme was not carried out. This can be partly explained by the fact that in 2017 the Commission carried out a midterm evaluation of the Programme, supported by an independent report 1a. Although the report is generally positive about the Programme, it expresses concerns about the limited number of competent authorities participating in the activities of the Programme and the quality of the key performance indicators used for measuring the results of the Programme. In its Communication to the European Parliament and to the Council on the mid-term evaluation of the Programme of the Pericles 2020 Programme and its ex ante evaluation in the form of a Staff Working Document accompanying its proposal (COM(2018)0369), the Commission came to the conclusion that the continuation of the Programme beyond 2020 should be supported, given its Union added value, its long-term impact and the sustainability of its actions and contribution to combating organised crime. 1a SWD(2017)444 final and Ares(2917)3289297 '30/06/2017 6 Recital 7 (7) The advice contained in the mid-term evaluation was that actions financed under the Pericles 2020 Programme should be continued, taking into account possibilities to simplify the submitting of applications, to encourage differentiation of beneficiaries, to continue focusing on (7) The advice contained in the mid-term evaluation was that actions financed under the Pericles 2020 Programme should be continued, while addressing the need to simplify the submitting of applications, to encourage differentiation of beneficiaries and the participation of a maximum of PE635.325/ 3
emerging and recurrent counterfeiting threats and to streamline the key performance indicators. competent authorities from various countries in the activities of the Programme, to continue focusing on emerging and recurrent counterfeiting threats and to streamline the key performance indicators. 7 Recital 7 a (new) (7a) Counterfeiting hotspots have been detected in third countries and the counterfeiting of the euro is acquiring a growing international dimension; therefore, capacity building and training activities involving the competent authorities of third countries should be considered essential to achieve the effective protection of the Union s single currency and should be further encouraged in the context of the Programme. 8 Recital 8 (8) Therefore a new Programme for the period 2021-2027 (the Pericles IV programme ) should be adopted. It should be ensured that the Pericles IV programme is consistent with, and complementary to, other relevant programmes and actions. The Commission should therefore carry out all the necessary consultations with regard to evaluating needs for the protection of the euro with the principal parties involved, in particular the competent national authorities designated by the Member States, the European Central Bank and (8) Therefore a new Programme for the period 2021-2027(the Pericles IV programme ) should be adopted. It should be ensured that the Pericles IV programme is consistent with, and complementary to, other relevant programmes and actions. The Commission should therefore carry out all the necessary consultations with regard to evaluating needs for the protection of the euro with the principal parties involved, in particular the competent national authorities designated by the Member States, the European Central Bank and PE635.325/ 4
Europol, within the committee referred to in Regulation (EC) No 1338/2001, particularly as regards exchanges, assistance and training, for the purpose of the application of the Pericles IV programme. Europol, within the committee referred to in Regulation (EC) No 1338/2001,particularly as regards exchanges, assistance and training, for the purpose of the application of the Pericles IV programme. Moreover, the Commission should draw on the vast experience of the European Central Bank in relation to the conduct of training and the provision of information on counterfeit euro banknotes when implementing the programme. 9 Recital 10 (10) This Regulation complies with the principles of added value and proportionality. The Pericles IV programme should facilitate cooperation among the Member States and between the Commission and the Member States in order to protect the euro against counterfeiting, without impinging on Member States responsibilities, and using resources more efficiently than could be done at national level. Action at Union level is necessary and justified as it clearly assists Member States in collectively protecting the euro and encourages the use of common Union structures to increase cooperation and information exchange between competent authorities. (10) This Regulation complies with the principles of added value and proportionality. The Pericles IV programme should facilitate cooperation among the Member States and between the Commission and the Member States in order to protect the euro against counterfeiting, without impinging on Member States responsibilities, and using resources more efficiently than could be done at national level. Action at Union level is necessary and justified as it clearly assists Member States in collectively protecting the euro and encourages the use of common Union structures to increase cooperation and timely and comprehensive information exchange between competent authorities. 10 Recital 12 (12) In order to ensure uniform (12) In order to supplement and amend PE635.325/ 5
conditions for the implementation of the Pericles IV programme, implementing powers should be conferred on the Commission. The Commission should adopt annual work programmes setting out the priorities, the budget breakdown and the evaluation criteria for the grants for actions. The exceptional and duly justified cases, in which an increase in co-financing is necessary in order to give the Member States greater economic flexibility, thus enabling them to carry out and complete projects to protect and safeguard the euro in a satisfactory manner, should be part of the annual work programmes. non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of work programmes as provided for in Article 10 and indicators as provided for in Article 12 and the Annex. The Commission should adopt annual work programmes setting out the priorities, the budget breakdown and the evaluation criteria for the grants for actions. The exceptional and duly justified cases, in which an increase in co-financing is necessary in order to give the Member States greater economic flexibility, thus enabling them to carry out and complete projects to protect and safeguard the euro in a satisfactory manner, should be part of the annual work programmes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making 1a. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. 1a Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016 (OJ L 123, 12.5.2016, p. 1). 11 Article 2 paragraph 1 subparagraph 2 PE635.325/ 6
To prevent and combat counterfeiting and related fraud, thus enhancing the competitiveness of the Union s economy and securing the sustainability of public finances. To prevent and combat counterfeiting and related fraud, thus preserving the integrity of the euro banknotes and coins, which strengthens the trust of citizens and business in the genuineness of these banknotes and coins therefore enhances the trust in the Union s economy, while and securing the sustainability of public finances. 12 Article 3 paragraph 1 1. The financial envelope for the implementation of the Programme for the period from 1 January 2021 to 31 December 2027 shall be EUR 7 700 000 (in current prices). 1. The financial envelope for the implementation of the Programme for the period from 1 January 2021 to 31 December 2027 shall be EUR 7 700 000 1a (in current prices). 1a Indicative amount only, depending on overall MFF. 13 Article 4 paragraph 2 2. The Programme shall be implemented by the Commission in cooperation with the Member States, through regular consultations at different stages of the implementation of the Programme, taking into account relevant measures undertaken by other competent entities, in particular the European Central Bank and Europol. 2. The Programme shall be implemented by the Commission in cooperation with the Member States, through regular consultations at different stages of the implementation of the Programme, whilst ensuring consistency and avoiding unnecessary duplication with relevant measures undertaken by other competent entities, in particular the European Central Bank and Europol. To this effect, when preparing the work programmes pursuant to Article 10, the PE635.325/ 7
Commission shall take into account existing and planned ECB and Europol activities against euro counterfeiting and fraud. 14 Article 6 paragraph 1 point a indent -1 (new) - best practices in preventing counterfeiting and fraud relating to the euro; 15 Article 6 paragraph 1 point a indent 3 use of detection tools with computer back-up; use of detection tools; Justification To ensure all possible tools are covered. 16 Article 6 paragraph 1 point b indent 4 support for cooperation in operations involving at least two States when such support is not available from other programmes of European institutions and bodies; support for cooperation in operations involving at least two States when such support cannot be made available from other programmes of European institutions and bodies; 17 PE635.325/ 8
Article 6 paragraph 3 3. The groups referred to in paragraph 2 of this Article may include participants from third countries if that is important for the fulfilment of the objectives provided for in Article 2. 3. The groups referred to in paragraph 2 of this Article may include participants from third countries. Justification The objectives of Article 2 (and of the whole Regulation) must be pursued anyway. 18 Article 10 paragraph 1 1. The Programme shall be implemented by work programmes as referred to in Article 110 of the Financial Regulation. 1. The Commission is empowered to adopt delegated acts in accordance with Article 11 to adopt work programmes as referred to in Article 110 of the Financial Regulation. 19 Article 11 paragraph 2 2. The delegation of power referred to in Article 12(2) shall be conferred on the Commission from 1 January 2021 until 31 December 2027. 2. The delegation of power referred to in Articles 10(1) and 12(2) shall be conferred on the Commission from 1 January 2021 until 31 December 2027. 20 Article 11 paragraph 3 3. The delegation of power referred to 3. The delegation of power referred to PE635.325/ 9
in Article 12(2), may be revoked at any time by the European Parliament or the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. in Articles 10(1) and 12(2), may be revoked at any time by the European Parliament or the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 21 Article 11 paragraph 4 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016, as well as representatives from the ECB and Europol. 22 Article 12 paragraph 3 3. The Commission shall provide annual information on the results of the Programme to the European Parliament and to the Council, taking into account the quantitative and qualitative indicators set out in the Annex to this proposal. 3. The Commission shall provide annual information on the results of the Programme to the European Parliament, the Council, the European Central Bank, Europol, Eurojust, and the European Public Prosecutor s Office (EPPO), taking into account the quantitative and qualitative indicators set out in the Annex to this proposal. 23 PE635.325/ 10
Article 13 paragraph 3 3. The Commission shall communicate the conclusions of the evaluations accompanied by its observations, to the European Parliament, the Council and the European Central Bank. 3. The Commission shall communicate the conclusions of the evaluations accompanied by its observations, to the European Parliament, the Council, the European Central Bank, Europol, Eurojust and the European Public Prosecutor s Office. 24 Article 14 paragraph 1 1. The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding (in particular when promoting the actions and their results), by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public. 1. The recipients of Union funding shall acknowledge the origin and ensure the transparency and visibility of the Union funding (in particular when promoting the actions and their results), by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public. 25 Annex I paragraph 1 introductory part The Programme will be monitored closely on the basis of a set of indicators intended to measure the extent to which the general and specific objectives of the Programme have been achieved and with a view to minimising administrative burdens and costs. To that end, data will be collected as regards the following set of key indicators: The Programme will be monitored closely on the basis of a set of indicators intended to measure, at minimal administrative burdens and costs, the extent to which the general and specific objectives of the Programme have been achieved. To that end, data will be collected as regards the following set of key indicators: PE635.325/ 11
26 Annex I paragraph 1 point a (a) Number of counterfeit euros detected; (a) The number of Member States and third countries, of which competent national authorities have participated in the activities under the Programme; 27 Annex I paragraph 1 point b (b) Number of illegal workshops dismantled; and (b) The number of participants and their satisfaction rate as well as any other feedback they may have given concerning the usefulness of the activities under the Programme; 28 Annex I paragraph 1 point c (c) Feedback received from participants in the actions financed by the Programme. (c) Information received from national competent authorities of the number of counterfeit euros detected and illegal workshops dismantled as a direct consequence of improved co-operation through the Programme. 29 Annex I paragraph 2 introductory part The data and information for the key The data and information for the key PE635.325/ 12
performance indicators shall be collected annually by the following actors: performance indicators shall be collected annually by the Commission and the beneficiaries of the Programme. PE635.325/ 13